Delhi

New Delhi

CC/48/2015

Jin Raj Jain - Complainant(s)

Versus

M/S. GM Mahangar Telephone Nigam Ltd. - Opp.Party(s)

17 Jan 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.48/2015                               Dated:

In the matter of:

Jin Raj Jain,

S/o  Late Ram Kishan Jain,

R/o 2/26, Ansari Road,

Darya Ganj, New Delhi.

           ……..COMPLAINANT

VERSUS

The General Manager,

Manhanagar Telephone Ltd.,

2^nd Floor, hursid Lal Bhawan,

Janpath, New Delhi.

Opposite Party.

 

MEMBER : NIPUR CHANDNA

ORDER

 

Complaint is filed by the complainant u/s 12 of the Consumer Protection Act, 1986, alleging the deficiency in services against OP.   The brief facts of the complaint are that on 24.5.2012, the complainant had applied for landline connection with the OP and deposited registration amount of Rs.500/- for the said connection.  In response, the OP had allotted him telephone No.27207145 and installed the same at Budh Pur, Delhi-36 under Alipur Telephone exchange.  After one month from the date of installation of said connection, it became out of order and not working properly, therefore, the complainant made several complaints to the OP in this regard but all in vain,  Thereafter, the complainant sent numerous complaints in writing to the OP as well as letter dt. 18.12.2013 under RTI Act.  In reply to the RTI Application, the OP vide letter dt. 1.2.2014, informed the complainant that aforesaid telephone is disconnected due to non-payment of Rs.4285/- since 25.9.2012.  Despite the facts that the complainant had regularly paid the outstanding bills of the telephone in question.  The complainant vide letter dt. 8.11.2013 requested the OP to refund the security deposited as the telephone in question is out of order but despite knowing the fact, OP raised the bill from the month August to November, 2013 arbitrarily.  This act of OP amounts to deficiency in services, hence this complaint.

2.     Complaint has been contested by the OP. OP denied any deficiency in service on its part and further stated that  due to typographical mistake in the reply of RTI, the date of non-functioning of connection in question was mentioned as 25.9.2012 instead of 25.9.2013.  There was an outstanding of Rs.4385/- on the connection in question from the month of August 2013 to November 2013.  The complainant has only paid three bills i.e. for the month of April to June 2013.  It is further prayed that the complainant is not entitled for the relief claim rather he is liable to pay a sum of Rs.4385/- outstanding on the connection in question to the OP.    

3.     Both the parties have filed their  evidences by way of affidavits.

 

4.     We have heard argument advance at the Bar and have perused the record.

 

5.     Perusal of RTI reply given by the OP makes it clear that the connection in question was out of order since 25.9.2012.  The perusal of the bills in question shows that before 25.9.2012, the complainant had made the payment of entire outstanding bills, hence, nothing left on his part. The OP in its reply stated that due to typographical mistake in the reply of RTI, the date of non-functioning of connection in question was mentioned as 25.9.2012 instead of 25.9.2013 but failed to place on record any evidence to substantiate this fact.  The complainant in the present complaint has prayed to refund the sum of Rs.19,007/- deposited with the OP against the bill raised by OP time to time. Admittedly, the connection in question was used by complainant till 25.9.2012, hence, he is entitled for the refund of the amount from 25.9.2012 to 30.4.2013 i.e. the bill paid by him to the OP.

 

6.     The raising of the bill for the period during which the connection in question was out of order amounts to deficiency in services. We, therefore, hold the OP guilty of deficiency in service and direct it as under:

 

i).  Pay to the complainant a sum of Rs.3,582/- as well as to refund  the security deposit of Rs.500/-.

ii)   OP is directed to waive the bills raised by it for the period 30.5.2013 to 30.11.2013.

iii)  Pay to the complainant a sum of Rs.1,000/- as compensation towards harassment, mental agony and pain which will also include the cost of litigation.

 

 

 

The order shall be complied within 30 days of the receipt of the copy of the order. A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on17/01/2020.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

                                (NIPUR CHANDNA)                                           (H M VYAS)

                                       MEMBER                                                         MEMBER